SMART, Gary v R [2013] NSWCCA 37

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SMART, Gary v R [2013] NSWCCA 37 Hearing dates: 24 September 2012 Decision date: 25 February 2013 Before: McClellan JA at [1] Hidden J at [2] Adamson J at [42] Decision: Leave to appeal granted, appeal dismissed Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - serious firearms offences, including manufacturing sub-machine guns - whether appropriate weight given to applicant's psychological condition - whether sentences manifestly excessive Legislation Cited: Firearms Act 1996 Weapons Prohibition Act 1998 Crimes (Sentencing Procedure) Act 1999 Cases Cited: - Benitez v R [2006] NSWCCA 21, 160 A Crim R 166 - R v Wright (1997) 93 A Crim R 48 - DPP (Cth) v De La Rosa [2010] NSWCCA 194, 79 NSWLR 1 - R v Engert (1995) 84 A Crim R 67 Category: Principal judgment Parties: Gary Smart (applicant) Regina (Crown) Representation: Counsel: G Brady (applicant) E Balodis (Crown) Solicitors: Nyman Gibson Stewart (applicant) S Kavanagh - Solicitor for Public Prosecutions (Crown) File Number(s): 2009/279776 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-05-06 00:00:00 Before: Sides DCJ File Number(s): 2009/279776